In the matter of Nail Fairy Bulimba Pty Ltd [2018] NSWSC 446

In the matter of Nail Fairy Bulimba Pty Ltd [2018] NSWSC 446

Because the inconvenience to both sides was substantially similar, the second defendant resided in Queensland, and the defendant company's registered office, principal place of business, business operations and centre of main interests were in Queensland, the Supreme Court of Queensland was the natural and more...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Equity Corporations List; Cross Vesting Transfer Application / Interlocutory Process Filed by the First and Second Defendants Seeking Transfer to the Supreme Court of Queensland
Outcome
Proceedings transferred to the Supreme Court of Queensland.
Legal Topics
['cross Vesting' 'transfer of Proceedings Between State Supreme Courts' 'more Appropriate Forum' 'corporations List']
['corporations' 'civil Procedure' 'jurisdiction'] ['cross Vesting' 'transfer of Proceedings Between State Supreme Courts' 'more Appropriate Forum' 'corporations List']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Equity Corporations List; Cross Vesting Transfer Application / Interlocutory Process Filed by the First and Second Defendants Seeking Transfer to the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether the proceedings should be transferred from the Supreme Court of New South Wales to the Supreme Court of Queensland under (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 s 5.' 'Which court was the more appropriate forum for proceedings concerning a Queensland company where the plaintiff resided in New South Wales and the defendant resided in Queensland.']

Ratio Decidendi

Because the inconvenience to both sides was substantially similar, the second defendant resided in Queensland, and the defendant company's registered office, principal place of business, business operations and centre of main interests were in Queensland, the Supreme Court of Queensland was the natural and more appropriate forum for the litigation.

Court Disposition

Proceedings transferred to the Supreme Court of Queensland.

Orders

  • ['Pursuant to (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 s 5(2), the proceedings be transferred to the Supreme Court of Queensland.' "The costs of the interlocutory process will be the first and second defendants' costs in the proceedings."]